The contract is competent evidence. If money ha? been paid on it, and it has been rescinded, or put an end to, or the defendant has refused to comply with it, on either being shown,, the money may he recovered hack in this form; 5 O. 352. Whether the plaintiff will establish such a case we will not now undertake to say; but the evidence offered is a link in a chain of such evi dence.

,- There was a verdict and judgment for the defendant.